Air Force Civilian Mobility Agreement

The Merit Systems Protection Board in Gallegos v. Department of the Air Force, 2014 MSPB 53 (July 17, 2014), that the complainant`s expulsion for non-compliance with a condition of employment is appropriate if the complainant, despite being subject to a mobility application, refused a targeted reassignment. The final issue is congressional approval. Does an agency need to receive the blessing of Congress to relocate its staff? It depends on the extent of the movement. When an agency wants to relocate a handful of employees, this can often be done entirely within the framework of agency funds and operating authorities. If the numbers get to the point where the Agency needs big dollars to pay for relocations, or relocates dozens or hundreds of jobs, there may be congressional notification requirements, reprogramming requests or fresh money. In these cases, Congress will have a say and questions will address the reasons for a moving agency, how it intends to deal with personnel issues, and how they reduce the risk to the mission, which can be caused by large numbers of workers who refuse to move. An incentive to relocate may be paid to an authorized person named in a general calendar (GS), a higher level (SL), scientific or professional (ST), senior executive service (SES), Federal Bureau of Investigation and Administration of Research Effort (FBI/DEA) SES, Executive Schedule (EX), law enforcement officer or dominant advisory position. OPM may, upon written request from the head of an executive agency, authorize other categories of coverage. An agency may, on a case-by-case basis, waive the authorization requirement if the worker is a member of a group of workers subject to a mobility agreement or when a larger organizational unit is transferred to a new service.

In the context of such a waiver, an agency must indicate the group of covered workers, the conditions under which the waiver is allowed and the period during which the waiver can be applied. Categories of workers must be allowed for incentives to relocate according to the same criteria as those that apply to individuals. (see 5 CFR 575.208 (b).) Without mentioning the benefits of this proposal or any other, the idea of targeted redistribution in different sectors of the shuttle is worth discussing. Can the government force you to relocate or risk losing your job? Do they need congressional approval? Do you have to have a mobility agreement? What are the opportunities for employees when their jobs move, but they don`t want to participate? Gallegos does not deny that it refused to meet the mobility requirement. On the contrary, it has raised a number of defences, including the argument that, in addition to the mobility agreements it has signed, the Agency has provided no evidence that the underlying targeted reallocation promotes the efficiency of the service. In this context, Mr. Gallegos argued that, in a case where it is a mobility agreement, the Agency must show the same thing as if there was no mobility agreement.

08. April 2021 von Heiland
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